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Judgment
Mohan Pyare, Member (A)
None for the petitioner. Shri Manoj Kumar Sharma, learned counsel for the respondents is present.
The present contempt petition has been filed against the non compliance of the order of this Tribunal dated 16.11.2017 passed in OA No.397 of 2012. The operating portion of the order is reproduced as below :-
“In the facts and circumstances of the case and for the foregoing reasons, the impugned order dated 30.9.2011 is quashed and the matter is remitted back to the respondents to consider the case of the applicant by holding the Review DPC for promotion to the post of JAG and thereafter for NFSG, keeping in view that his juniors have been promoted and he has also undergone penalty imposed upon him, and grant him all consequential benefits as admissible to him in accordance with law and rules on the subject. The decision so taken should be communicated to the applicant within a period of three months from the date of receipt of certifiedcopy of this Order.”
This OA was reviewed in Review Application No.03 of 2018, which was decided on 14.02.2018 and the review application was dismissed.
Learned counsel for the respondents has filed the compliance affidavit dated 05.10.2018, 06.11.2019, 22.01.2020, 27.02.2023, 15.04.2023, 15.12.2023, 21.03.2024 and 09.12.2024. By compliance affidavit dated 09.12.2024 in MA No.6264 of 2024, they have submitted that the direction issued in the OA has been fully complied with and requested to close the proceedings of the contempt and notices issued to the respondents may also be discharged.
Various dates were given to learned counsel for the petitioner but no objection to the aforesaid compliance affidavit has been filed.
When the matter was taken up, learned counsel for the petitioner was not present. Neither he has sent any illness slip nor request for adjournment.
Learned counsel for the respondents have submitted that order of this Tribunal has been fully complied with and also invited the attention of this Tribunal on letter dated 23.09.2024, in which full compliance of the order of this Tribunal has been done.
We have heard the learned counsel for the respondents and verified the documents available in the contempt petition.
For clarity, it is relevant to reproduce the order dated 23.09.2024 passed by the respondents, which is as under :-
Office of the Controller General of Defence Accounts
उला बटार रोडए पालमए दिल्ली 110010
Ulan Batar Road, Palam, Delhi Cantt.-110010
Tele No. 011-25665536
Fax No. 011-25674781
No. AN/1173/NFSG/2022
Date: 23.09.2024
To
The Officer-In-Charge, AN-IV Section(local)
The PCDA, New Delhi
The IFA DGAFMS, Delhi
Subject: Placement in the Non-Functional Selection Grade of the Junior Administrative Grade of IDAS: Sh. Vivek B Umap, IDAS
The Competent Authority has approved the placement of Shri Vivek B Umap, IDAS, IFA DGAFMS, Delhi to the Non-Functional Selection Grade of Junior Administrative Grade of the Indian Defence Accounts Service w.e.f 01.01.2010 based on the recommendations of the Screening Committee held on 11.07.2024.
Shri Vivek B Umap, IDAS may accordingly be placed in the Non-Functional Selection Grade of Junior Administrative Grade of the Indian Defence Accounts Service w.e.f. 01.01.2010.
This order will supersede promotion order issued by this HQrs office vide order No. AN-I/1173/NFSG/2020 dated 20.12.2019.
A copy of the Part II Office Order issued regarding fixation of pay may be endorsed to this HQrs office.
(Mugdha Kaur Jaggi)
Sr. Dy. CGDA (AN)
On the basis of above discussion, it is clear that order of this Tribunal has been fully complied with. Accordingly, the contempt proceedings are closed. Notices issued to the respondents are discharged.
All associated MAs also stand disposed of.